CR 88-136 CUP - Sheehan
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June 29, 1988 .... '> Council Report: 88-136
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CONDITIONAL USE PERMIT - SHEEHAN
11118 Minnetonka Boulevard
Propol;>ed Action.
Staff recommends the following motion: Move that the reauest by Kel~y
, Pamel~ Sheehan for a Conditional Usa Permi t to have a xe&iden~
dwelling in a 8-1 Distriqt is denied.
This motion will allow the applicants to live in the property at 11118
Minnetonka Boulevard if the property is rezoned to B-1.
Overview. ~
The applicants have also ~pplied to rezone the subject property fro~
R-1-E to B-1. The applicants are planning on putting a chiropractic
clinic in the home. A Conditional Use Permit is required to live in
any B district.
The Commission on a 4-1 vote denied the Conditional Use Permit to live
in a 8-1 District because the property was not rezoned.
Since the rezoning was den.ied, this. Conditional Use Permit is not
. needed. There was no discussion on this item.
Issues to Consider:
0 What is the impact on the surrounding- area if the
applicants live in a 8-1 District?
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SUDnQrtinq Documents.
o Location Map
o Planninq Report
o Resolution
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Nancy S. derson
Community Development
Analyst
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. CR88-136
Page 2
Detailed Backqroundo
The Zoning Ordinance allows dwelling units in business districts
provided they have the following:
1. the dwelling unit does not occupy the first floor
2. all dwellings must have an entrance leading directly to a
pUblic street
3. the density allowed shall be R-3
The applicants will be using the garage and part of the basement fer
the clinic. The living area will be above the clinic.
Allal vais.
- What is the impact on the surrounding' area if the applicants live
in a B-1 district?
The approval of this Conditional Use Permit is based on the assumption
that the rezoning is approved. However, the staff has reCOlllllended.' .....
. that the rezoning of this site be denied. Living in the hOllo if it 1.,,;,'.
rezoned should not present a problem to the surrounding area since . it.
is already a home. The problem :may occur with the business on. the,.
site because if this site is rezoned there is no guarantee the sit."
will remain as is.
Alternatives.
1. Approve the ConGitional Use Permit to live in a B-1
district. by granting the Conditional Use Permit the
applicants would be able to live at the subject property
providing it is rezoned.
2. Deny the Conditional Use Permit to live in a B-1
district. By denying the Conditional Use Permit the
applicants can have a clinic but would not be able to
live at the subject site.
J. Continue for further information. If the Commission
feels that more information is needed, the item should be
continued.
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. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 88-59
RESOLUTION MAKING FINDINGS OF FACT AND DENYING
APPLICATION FOR CONDITIONAL USE PERMIT COP8S-10
WHEREAS, an application for a Concitiona1 Use
Permit entitled COPS8-10 to allow a residential dwelling in
a B-1 oistrict at 11118 Minnetonka Boulevard is denied.
WHEREAS, the procedural history of the application
is as follows:
1. That an application for Conditional Use Permit
COP8S-10 was filed with the City of Hopkins on
May 25, 1988.
2. That the Hopkins Planning commission reviewed
such application on June 28, 1988.
3. That the Hopkins Planninq commission, pursuant
to published and mailed notices, held a public
hearing on June 28, 1988.
e.'.. ". That the written comments and analysis of the
; City staff end the Planning Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that the city
Council makes the following Findlnqs of Fact in respect -to
COPS8-10:
1. That the property was not rezoned B-1.
Donald J. Hilbert, Mayor
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